Medical negligence laws and virtual reality in healthcare

Abstract

BACKGROUND: As technological innovation increases the availability of novel therapeutic options in general practice, healthcare professionals will need to equip themselves with a sound understanding of their professional legal duties in light of emerging medical technologies, including virtual reality (VR). OBJECTIVE: Using a case study of VR to augment analgesia in burn treatment, this article examines how medical negligence laws apply to the use of new technology in healthcare settings. DISCUSSION: While there is currently no positive duty on healthcare professionals to use VR when treating patients, healthcare professionals may be held liable for harm arising from negligent advice or treatment using VR technology. The case study illustrates the flexible nature of negligence principles in adapting to harms arising from new risks such as simulation sickness. Specific warnings and standards of best practice will need to be developed if VR becomes a feature of general practice.

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